With Biden in the chair on Jan. 3, the Senate can confirm Merrick Garland.

At noon on January 3, 2017, the terms of the current members of the Senate will come to an end. At that point, the Senate consists of 66 sitting senators, and we would ordinarily expect Vice President Joe Biden, in his capacity as Senate president (in which role he continues to serve until noon on January 20th), to begin swearing in the senators-elect.  With Biden in the chair on Jan. 3, the Senate can confirm a renominated Merrick Garland. Here’s how.

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